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Hi. Can youru provide me a bit more information? What is the approximate value of your mom's estate? And, is your mom mentally competent? I'm presuming she is not married...is that correct? Thank you!
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Thanks for following up. If you are on the accounts and/or the beneficiary, then you don't need to worry about whether or not she has a will as no probate will be needed and the will won't be relevant as to the assets you reference. Certain assets pass outside probate and thus are not governed by the will and thus do not require probate. These include the following: i) joint brokerage and bank accounts which vest automatically in the surviving owner upon the death of one owner; ii) real property held as joint tenants or tenants by the entirety, which also vest automatically in the surviving owner upon the death of one owner; and iii) assets with designated beneficiaries other than the estate such as life insurance and retirement accounts. The assets you reference would all fall within the foregoing.
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You're very welcome. Yes, as her POA, you do have the authority to decide what to do with these assets, including selling the car. But, you want to do it prior to her death as your POA automatically terminates upon death.
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